Comments on: A Truly Universal Issue… http://devinfamily.com/wordpress/?p=54 Words, rants, thoughts, ideas and stuff... Wed, 30 Jun 2004 20:47:52 -0400 hourly 1 http://wordpress.org/?v=3.1.3 By: Tim McNees http://devinfamily.com/wordpress/?p=54#comment-22 Tim McNees Sat, 26 Jun 2004 15:09:56 +0000 http://devinfamily.com/wordpress/?p=54#comment-22 Interesting point on the biz model. Now you Interesting point on the biz model. Now you

]]> By: Nabil Pike http://devinfamily.com/wordpress/?p=54#comment-21 Nabil Pike Sat, 26 Jun 2004 15:09:28 +0000 http://devinfamily.com/wordpress/?p=54#comment-21 I can KIND OF buy into the cigarette companies getting sued, that example is one where they are borderline criminally liable for actually CONCEALING information about their products. It's like Ford getting sued for accidents caused by a known problem that they failed to fix. Reasonable liability. What chaps my ass is when people that have smoked for 20+ years are crying that they can't quit and that cigarette companies MADE them keep smoking. Take some freakin responsibility for your own life and quit. People get off much harder drugs than Nicotine. It seems like they should be held MORE liable for hiding second hand smoking information since it is then the non-smokers that are being exposed. <br /> <br /> Me, I could care less about second hand smoke dangers, but that is a choice I am making for myself. <br /> <br /> Tim your point on malpractice insurance is a good one, but it highlights how complex the issue can be. In many states where insurance premiums are sckyrocketing, year over year malpractice claims have actually been declining. Found a quick search on the topic that NJ and Penn are both states where this has occured. <br /> <br /> Many doctors blame the insurance companies for their problem as much as they blame the lawyers. Interestingly enough, even states that have capped malpractice claims and benn trending down on awards have had premiums rise as much as 50%! NJ is the staet I am thinking of in this case.<br /> <br /> Found this really good paper on the issue. http://consumeraffairs.com/news03/med_mal.html<br /> <br /> I think it highlights problems in the insurance company where a suspect biz model is startign to show its spots. I can KIND OF buy into the cigarette companies getting sued, that example is one where they are borderline criminally liable for actually CONCEALING information about their products. It’s like Ford getting sued for accidents caused by a known problem that they failed to fix. Reasonable liability. What chaps my ass is when people that have smoked for 20+ years are crying that they can’t quit and that cigarette companies MADE them keep smoking. Take some freakin responsibility for your own life and quit. People get off much harder drugs than Nicotine. It seems like they should be held MORE liable for hiding second hand smoking information since it is then the non-smokers that are being exposed.

Me, I could care less about second hand smoke dangers, but that is a choice I am making for myself.

Tim your point on malpractice insurance is a good one, but it highlights how complex the issue can be. In many states where insurance premiums are sckyrocketing, year over year malpractice claims have actually been declining. Found a quick search on the topic that NJ and Penn are both states where this has occured.

Many doctors blame the insurance companies for their problem as much as they blame the lawyers. Interestingly enough, even states that have capped malpractice claims and benn trending down on awards have had premiums rise as much as 50%! NJ is the staet I am thinking of in this case.

Found this really good paper on the issue. http://consumeraffairs.com/news03/med_mal.html

I think it highlights problems in the insurance company where a suspect biz model is startign to show its spots.

]]> By: Tim McNees http://devinfamily.com/wordpress/?p=54#comment-20 Tim McNees Sat, 26 Jun 2004 15:09:06 +0000 http://devinfamily.com/wordpress/?p=54#comment-20 And the choir says...amen. Your point is very well made and, in my humble opinion, accurate. I was unclear from you first paragraph which side of the issue you were coming down on. I also could rant on an on about tort reform and excessive damage awards as well. The next question is...what do we do about it?<br /> <br /> I heard over the weekend about a bill in the Washington state legislature limiting punitive damages for any case to $1M. For punitive damages, this may be appropriate, but it seems somewhat arbitrary. Consider the number of doctors, especially OB/GYNs , moving out of the state or shutting down their practices because malpractice insurance premiums are out of control. We all know why they are so high....excessive awards. I seriously doubt there are that many incompetent physicians out there.<br /> <br /> Back to Phil And the choir says…amen. Your point is very well made and, in my humble opinion, accurate. I was unclear from you first paragraph which side of the issue you were coming down on. I also could rant on an on about tort reform and excessive damage awards as well. The next question is…what do we do about it?

I heard over the weekend about a bill in the Washington state legislature limiting punitive damages for any case to $1M. For punitive damages, this may be appropriate, but it seems somewhat arbitrary. Consider the number of doctors, especially OB/GYNs , moving out of the state or shutting down their practices because malpractice insurance premiums are out of control. We all know why they are so high….excessive awards. I seriously doubt there are that many incompetent physicians out there.

Back to Phil

]]> By: Phil http://devinfamily.com/wordpress/?p=54#comment-19 Phil Sat, 26 Jun 2004 15:08:39 +0000 http://devinfamily.com/wordpress/?p=54#comment-19 It comes down to a sense of false feelings of entitlement.<br /> <br /> Why does there have to be a person at fault or a person to pay. In some cases, yes, willful wrongdoing and knowingly duping others for personal gain can and should be punished, so I can see this on a case by case basis.<br /> <br /> However, a tornado wipes out half of Kansas, a plane falls from the sky killing all on board, an evil act by misguided individuals causing harm to innocent bystanders, a drunk driver running over someone, working office and it exploding, an earthquake, a hot cup of coffee... All are actually inherent acts of risk that we take in the act of living and breathing. Falling in the shower or waking up on the wrong side of the bed should not have a person to blame or a person writing me check for the acts of God (Allah or whomever if you will), Mother Nature, or the acts of humans who make mistakes that cause lives to be lost (a plane mechanic who forgets the last quarter turn of the bolt on the cross member of the tail strut) or the acts of humans who perform evil acts and harm innocents.<br /> <br /> Its ridiculous that the tobacco companies are being sued and asked to pay for the product they sell. As a company, they produced a product, marketed the product, found a demand and exploited that demand. That what companies do, that is called economic growth and marketing. No one really needs an SUV, anything the Sharper Image sells, Prada shoes, Tiffany silver, a personal website or anything a little pop up pushed during my web surfing to excess. <br /> <br /> If a person decides to smoke for what ever reason they claim (and I don It comes down to a sense of false feelings of entitlement.

Why does there have to be a person at fault or a person to pay. In some cases, yes, willful wrongdoing and knowingly duping others for personal gain can and should be punished, so I can see this on a case by case basis.

However, a tornado wipes out half of Kansas, a plane falls from the sky killing all on board, an evil act by misguided individuals causing harm to innocent bystanders, a drunk driver running over someone, working office and it exploding, an earthquake, a hot cup of coffee… All are actually inherent acts of risk that we take in the act of living and breathing. Falling in the shower or waking up on the wrong side of the bed should not have a person to blame or a person writing me check for the acts of God (Allah or whomever if you will), Mother Nature, or the acts of humans who make mistakes that cause lives to be lost (a plane mechanic who forgets the last quarter turn of the bolt on the cross member of the tail strut) or the acts of humans who perform evil acts and harm innocents.

Its ridiculous that the tobacco companies are being sued and asked to pay for the product they sell. As a company, they produced a product, marketed the product, found a demand and exploited that demand. That what companies do, that is called economic growth and marketing. No one really needs an SUV, anything the Sharper Image sells, Prada shoes, Tiffany silver, a personal website or anything a little pop up pushed during my web surfing to excess.

If a person decides to smoke for what ever reason they claim (and I don

]]> By: Tim McNees http://devinfamily.com/wordpress/?p=54#comment-18 Tim McNees Sat, 26 Jun 2004 15:08:14 +0000 http://devinfamily.com/wordpress/?p=54#comment-18 P - Gee....thanks. However, in re-reading your first paragraph, I P – Gee….thanks. However, in re-reading your first paragraph, I

]]> By: Nabil Pike http://devinfamily.com/wordpress/?p=54#comment-17 Nabil Pike Tue, 22 Jun 2004 02:57:24 +0000 http://devinfamily.com/wordpress/?p=54#comment-17 Ron, you rock! Ron, you rock!

]]> By: Robert Palmer http://devinfamily.com/wordpress/?p=54#comment-16 Robert Palmer Tue, 22 Jun 2004 02:56:09 +0000 http://devinfamily.com/wordpress/?p=54#comment-16 Gentlemen: Now you get to hear from and "Old Guy". For those on this thread who don't know me, I am an old friend of Tim's. I mean old in the sense of my age because I have only known Tim since 1989 when he became a DUCK !!! Anyway, the following statement is not quite true: <br /> <br /> "He fails to mention the that military personnel are Gentlemen: Now you get to hear from and "Old Guy". For those on this thread who don’t know me, I am an old friend of Tim’s. I mean old in the sense of my age because I have only known Tim since 1989 when he became a DUCK !!! Anyway, the following statement is not quite true:

"He fails to mention the that military personnel are

]]> By: Nabil Pike http://devinfamily.com/wordpress/?p=54#comment-15 Nabil Pike Tue, 22 Jun 2004 02:52:53 +0000 http://devinfamily.com/wordpress/?p=54#comment-15 I LOVE the idea of punitive damage awards going to someone other than the victim, in whole or in part. I think it would definitely help avoid the "get rich" mentality of some lawsuits while still performing the desired deterrent. I LOVE the idea of punitive damage awards going to someone other than the victim, in whole or in part. I think it would definitely help avoid the "get rich" mentality of some lawsuits while still performing the desired deterrent.

]]> By: Tim McNees http://devinfamily.com/wordpress/?p=54#comment-14 Tim McNees Tue, 22 Jun 2004 02:52:29 +0000 http://devinfamily.com/wordpress/?p=54#comment-14 Interesting point on the biz model. Now you Interesting point on the biz model. Now you

]]> By: Nabil Pike http://devinfamily.com/wordpress/?p=54#comment-13 Nabil Pike Tue, 22 Jun 2004 02:52:00 +0000 http://devinfamily.com/wordpress/?p=54#comment-13 i can KIND OF buy into the cigarette companies getting sued, that example is one where they are borderline criminally liable for actually CONCEALING information about their products. It's like Ford getting sued for accidents caused by a known problem that they failed to fix. Reasonable liability. What chaps my ass is when people that have smoked for 20+ years are crying that they can't quit and that cigarette companies MADE them keep smoking. Take some freakin responsibility for your own life and quit. People get off much harder drugs than Nicotine. It seems like they should be held MORE liable for hiding second hand smoking information since it is then the non-smokers that are being exposed. <br /> <br /> Me, I could care less about second hand smoke dangers, but that is a choice I am making for myself. <br /> <br /> Tim your point on malpractice insurance is a good one, but it highlights how complex the issue can be. In many states where insurance premiums are sckyrocketing, year over year malpractice claims have actually been declining. Found a quick search on the topic that NJ and Penn are both states where this has occured. <br /> <br /> Many doctors blame the insurance companies for their problem as much as they blame the lawyers. Interestingly enough, even states that have capped malpractice claims and benn trending down on awards have had premiums rise as much as 50%! NJ is the staet I am thinking of in this case.<br /> <br /> Found this really good paper on the issue. http://consumeraffairs.com/news03/med_mal.html<br /> <br /> I think it highlights problems in the insurance company where a suspect biz model is startign to show its spots. i can KIND OF buy into the cigarette companies getting sued, that example is one where they are borderline criminally liable for actually CONCEALING information about their products. It’s like Ford getting sued for accidents caused by a known problem that they failed to fix. Reasonable liability. What chaps my ass is when people that have smoked for 20+ years are crying that they can’t quit and that cigarette companies MADE them keep smoking. Take some freakin responsibility for your own life and quit. People get off much harder drugs than Nicotine. It seems like they should be held MORE liable for hiding second hand smoking information since it is then the non-smokers that are being exposed.

Me, I could care less about second hand smoke dangers, but that is a choice I am making for myself.

Tim your point on malpractice insurance is a good one, but it highlights how complex the issue can be. In many states where insurance premiums are sckyrocketing, year over year malpractice claims have actually been declining. Found a quick search on the topic that NJ and Penn are both states where this has occured.

Many doctors blame the insurance companies for their problem as much as they blame the lawyers. Interestingly enough, even states that have capped malpractice claims and benn trending down on awards have had premiums rise as much as 50%! NJ is the staet I am thinking of in this case.

Found this really good paper on the issue. http://consumeraffairs.com/news03/med_mal.html

I think it highlights problems in the insurance company where a suspect biz model is startign to show its spots.

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